The Andhra Pradesh Commission for Backward Classes other than Scheduled Castes and Scheduled Tribes in the State of Andhra Pradesh Act, 2019

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THE ANDHRA PRADESH COMMISSION FOR BACKWARD CLASSES
OTHER THAN SCHEDULED CASTES AND  SCHEDULED TRIBES
IN THE STATE OF ANDHRA PRADESH ACT, 2019.
(ACT No. 19 OF 2019)
ARRANGEMENT OF SECTIONS
CHAPTER- I
PRELIMINARY
Sections
1. Short title, extent and commencement
2. Definitions
CHAPTER - II
ANDHRA PRADESH STATE COMMISSION FOR BACKWARD CLASSES
3. Constitution of Andhra Pradesh State Commission for Backward
Classes
4. Tenure of the Commission
5. Terms and Conditions
6. Officers and other employees of the Commission
7. Salaries and Allowances
8. Invalidation of proceedings
9. Regulation of procedure
CHAPTER- III
FUNCTIONS AND POWERS OF THE COMMISSION
10. Functions of the Commission
11. Powers of the Commission
12. Periodic revision of list
CHAPTER- IV
FINANCE, ACCOUNTS AND AUDIT
13. Grants by Government
14. Accounts and Audit
15. Annual Report
16. Annual  Report and Audit Report to be laid before the Legislature
of the State
CHAPTER- V
MISCELLANEOUS
17. Public Servants
18. Power to make rules
19. Power to remove difficulties
20. Repeal and Savings
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THE ANDHRA PRADESH COMMISSION FOR BACKWARD CLASSES
OTHER THAN SCHEDULED CASTES AND SCHEDULED TRIBES
IN THE STATE OF ANDHRA PRADESH ACT, 2019
(ACT No. 19 OF 2019)
[16thAugust, 2019]
AN ACT TO CONSTITUTE ANDHRA PRADESH STATE COMMISSION FOR
BACKWARD CLASSES OTHER THAN SCHEDULED CASTES AND
SCHEDULED TRIBES IN THE STATE OF ANDHRA PRADESH AND TO
PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL
THERETO.
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Seventieth Year of the Republic of India, as follows:-
CHAPTER – I
PRELIMINARY
1. Short title, extent and Commencement -(1) This Act may be called the
Andhra Pradesh Commission for Backward Classes other than Scheduled
Castes and Scheduled Tribes in the State of Andhra Pradesh Act, 2019.
(2) It extends to the whole of the State of Andhra Pradesh.
(3)It shall come into force on such date as the State Government may, by
notification in the Andhra Pradesh Gazette, appoint.
2. Definitions -In this Act, unless the context otherwise requires,-
(a) “Backward Classes” for the purpose of this Act, means such
Backward Classes of citizens of Andhra Pradesh other than the
Scheduled Castes and the Scheduled Tribes as may be specified
by the State Government in the lists;
(b) “Commission” means the Andhra Pradesh State Commission for
Backward Classes constituted under Section 3;
(c) “Government” means the State Government of Andhra Pradesh;
(d) “Lists” means lists prepared by the Government from time to time
for the purposes of making provision for reservation for
admissions into educational institutions and for appointments to
posts/services, in favour of the Backward Classes of citizens
which, in the opinion of the Government, are not adequately
represented under the Government and in any local authority or
other authority in the State;
(e) “Member” means a member of the Commission and includes the
Chairperson;
(f) “Notification” means a notification published in the Andhra
Pradesh Gazette and the word ‘notified’ shall be construed
accordingly;
(g) “Prescribed” means prescribed by rules made under this Act.
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CHAPTER – II
ANDHRA PRADESH STATE COMMISSION
FOR BACKWARD CLASSES
3. Constitution of Andhra Pradesh State Commission for Backward
Classes -(1) The Government shall constitute a permanent body to be known
as the Andhra Pradesh State Commission for Backward Classes to exercise the
powers conferred on and to perform the functions assigned to it under this Act.
(2) The Commission shall consist of the following Members nominated by
the Government,-
(a)  A Chairperson who is or has been a Judge of High Court;
(b)   A Social Scientist;
(c) Two persons who have special knowledge in matters relating to
Backward Classes; and
(d) A Member-Secretary who shall be an Officer of the Government in
the rank of Secretary to Government.
4. Tenure of the Commission –(1) The Commission Constituted under this
Act Shall be a permanent body.  The Chairperson and members so appointed
shall hold such office for a term of three years from the date of assumption of
office.
(2) The Government shall take steps three months prior to the expiry of
the tenure of the chairperson and members and in the event of the
appointments not being made before expiry of such tenure, the existing
composition of the commission would continue to hold the office until such
time the appointments are made, to ensure that the Commission functions
permanently and continuously, as a Body.
5. Terms and Conditions -(1) The Government shall nominate Chairperson
and Members for a term of three (3) years.
 (2) The Chairperson and Members of the Commission shall be accorded
a suitable status by a specific order of the Government.
(3) The salaries and allowances payable to and the other terms and
conditions of service of the Chairperson and Members shall be such as may be
prescribed.
(4) The Chairperson and  Members shall not publish or communicate to
the Press/Electronic Media on any policy matter which Government is expected
to act upon and shall not release any proceedings of the Commission.
(5) A Member may, by writing under his/her hand addressed to the
Government, resign from the Office of Chairperson or Member, as the case may
be, at any time;
(6) The Government may remove a person from the Office of Chairperson
and Member, if that person;-
a) becomes an un-discharged insolvent;
b) is convicted and sentenced to imprisonment for an offence which
in the opinion of the Government involves moral turpitude;
c) becomes of unsound mind and stands so declared by a competent
court;
d) refuses to act or becomes incapable of acting;
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e) without obtaining leave of absence from the Commission, absents
himself/herself from three consecutive meetings of the
Commission;
f) has, in the opinion of the Government, so abused the position of
Chairperson or Member as to render that person’s continuance in
office is detrimental to the interests of the Backward Classes or
the public interest:
        Provided that no person shall be removed under this clause
until that person has been given an opportunity of being heard in
the matter.
 (7) Any vacancy that arises due to the reasons mentioned in sub-section
(5) and (6) above or the other, shall be filled by the Government immediately.
6. Officers and Other employees of the Commission -(1) The Government
shall provide the Commission with such officers and employees as may be
necessary for the efficient performance of the functions of the Commission.
 (2) The salaries and allowances payable to and the other terms and
conditions of service of the Officers and other employees appointed for the
purpose of the Commission shall be such as may be prescribed from time to
time.
7. Salaries and Allowances - The salaries and allowances payable to the
Chairperson and Members and the administrative expenses, including salaries,
allowances and pensions payable to the officers and other employees referred
to in Section 6 shall be paid out of the grants referred to in sub-section (1) of
section 13.
8.Invalidation of proceedings -No act or proceeding of the Commission shall
be invalid on the ground merely of the existence of any vacancy or defect in the
constitution of the Commission.
9.  Regulation of Procedure -(1) The Commission shall function on regular
basis.
 (2) The Commission may regulate its own procedure by framing
regulations governing its proceedings including quorum.
(3) All orders and decisions of the Commission shall be authenticated by
the Member Secretary or any other officer of the Commission duly authorized
by the Member Secretary in this behalf.
(4) The Commission may hold Public Hearings at different locations as
the Commission deems fit.
CHAPTER – III
FUNCTIONS AND POWERS OF THE COMMISSION
10. Functions of the Commission:
(1) The Commission shall examine requests for inclusion of any class of
citizens as a Backward Class in the lists and hear complaints of over-
inclusion or under-inclusion of any Backward Class in such list and
tender such advice to the Government as it deems appropriate;
 (2) The Commission shall examine and make recommendations on any
other matter relating to the Backward Classes that may be referred to it
by the Government from time to time;
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(3) The Commission shall enquire into specific complaints with respect to the
non-observance of the rule of reservation in the admissions into
educational institutions and also reservation of appointments to
posts/services under the Government and other local authority or other
authority in the State, as applicable to the listed Backward Classes and
furnish its report to the Government.;
(4) To make periodic survey about socio, economic and educational
conditions of Backward Classes and also to cause and conduct research
studies;
(5) To make necessary recommendations periodically to formulate policies
and schemes for the upliftment of Backward Classes;
(6) To submit report and make recommendations in matters referred by the
State Government, where the decisions need to be taken by the
Government of India;
(7) To evaluate the levels of development and progress among Backward
Classes through the policy of reservation and welfare programs of the
Government;
(8)  It shall be the duty of the Commission:
a) To make in such reports, the recommendations, as to the
measures that should be taken by the State for the effective
implementation of those safeguards and other measures for the
protection, welfare and socio-economic development of the socially
and educationally Backward Classes; and
b) To discharge such other functions in relation to the protection,
welfare and development and advancement of the socially and
educationally Backward Classes as the Government may specify,
subject to the provisions of any law made by the Legislature.
 (9) The Commission shall enquire into specific complaints with respect to
the issue of Caste Certificates as applicable to the listed Backward
Classes and furnish its report to the Government;
(10) The Commission from time to time shall undertake, a study  analysis to
distinguish the communities among Backward Classes as Most
Backward Classes based on social, educational and economic
backwardness after framing such parameters relevant for the purpose;
(11) To make necessary recommendations in all the matters relating to
safeguards provided to the Most Backward Classes.;
(12) To investigate into various kinds of atrocities, social boycott against the
Backward Classes, referred to, by the Government.
11. Powers of the Commission -(1) The Commission shall, while performing
its functions under Section 10 have all the powers of a Civil Court trying a suit
and in particular in respect of the following matters namely:
a) Summoning and enforcing the attendance of any person from any
part of State and examining him/her on oath;
b) The Commission shall have the powers to requisition such
information, document and such assistance as may be required
from any Department of the Government, State Public Service
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Undertakings and autonomous bodies for the effective
implementation of the provision of the Act;
c) Receiving evidence on affidavits;
d) Requisitioning any public record or copy thereof from any Court
or Office;
e) Issuing Commissions for the examination of witnesses and
documents;
f) Any other matter which may be prescribed from time to time.
(2) The Commission may engage any technical / subject experts as may
be required in the interest of welfare of Backward Classes and for preparation
of special recommendations and pay such remuneration as may be fixed with
prior approval of the Government.
12. Periodic revision of list -(1) The Government may at any time and shall,
at the expiration of ten years from the coming into force of this Act and every
succeeding period of ten years thereafter, undertake revision of the lists with a
view to excluding from such lists those classes who have ceased to be
Backward Classes or for including in such lists new Backward Classes.
 (2) The Government shall while undertaking any revision referred to in
sub-section (1) consult the Commission.
CHAPTER – IV
FINANCE, ACCOUNTS AND AUDIT
13. Grants by Government - (1) The Government shall, after due
appropriation made by the Legislature of the State by law in this behalf, pay to
the Commission by way of Grants such sums of money as the Government may
think fit for being utilized for the purpose of this Act. The Assistant Secretary,
Office of the Commission shall act as the Drawing and Disbursing Officer to
meet the expenditure of the Commission from out of the Grants provided by
Government.
(2) The Commission may spend such sums as it thinks fit for performing
the functions under this Act and such sums shall be treated as expenditure
payable out of the Grants referred to in sub-section (1).
14.Accounts and Audit -(1) The Commission shall maintain proper accounts
and other relevant records and prepare an annual statement of accounts in
such form as may be prescribed from time to time by the Government in
consultation with the Accountant General, Andhra Pradesh.
 (2) The accounts of the Commission shall be audited by the Accountant
General, Andhra Pradesh at such intervals as may be specified by him and any
expenditure incurred in connection with such audit shall be payable by the
Commission to the Accountant General, Andhra Pradesh.
 (3) The Accountant General, Andhra Pradesh and any person appointed
by him in connection with the audit of the accounts of the Commission under
this Act, shall have the same rights and privileges and the authority in
connection with such audit as the Accountant General, Andhra Pradesh
generally has in connection with the audit of Government Accounts and in
particular shall have the right to demand and production of books, accounts,
connected vouchers and other documents and papers, and to inspect any of
the offices of the Commission.
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 15. Annual Report -The Commission shall prepare in such form and at such
time for each financial year as may be prescribed from time to time its annual
report giving a full account of its activities during the previous financial year
and forward a copy thereof to the Government.
16.Annual Report and Audit Report to be laid before the Legislature of
the State - The Government shall cause the annual report together with a
memorandum of action taken on the advice tendered by the Commission under
Section 10 and the reasons for the non-acceptance, if any, of any such advice
and the audit report to be laid as soon as may be after they are received before
the Legislative Assembly.
CHAPTER – V
MISCELLANEOUS
17. Public Servants -The Chairperson, Members and Employees of the
Commission shall be deemed to be public servants within the meaning of
Section 21 of the Indian Penal Code (Central Act No.45 of 1860).
18.Power to make rules -(1) The Government may, by notification in the
Official Gazette, make rules for carrying out all or any of the provisions of this
Act.
 (2) In particular and without prejudice to the generality of the foregoing
powers such rules may, provide for all or any of the following matters, namely:
a) Salaries and allowances payable to and the other terms and
conditions of service of the Chairperson and Members under sub-
section (3) of Section 5 and of officers and other employees under
sub-section (2) of Section 6;
b) The form in which the annual statement of accounts shall be
maintained under sub-section (1) of Section 14;
c) The form and the time of which the annual report shall be
prepared under Section 15;
d) Any other matter which is required to be prescribed from time to
time.
 (3) Every rule made under this Act shall, immediately after it is made, be
laid before the Legislature of the State, if it is in session and if it is not in
session, in the session immediately following for a total period of fourteen days
which may be comprised in one session or in two successive sessions and if,
before the expiration of the session in which it is so laid or the session
immediately following the Legislature of the State agrees in making any
modification in the rule or in the annulment of the rule, the rule shall, from the
date on which the modification or annulment is notified, have effect only in
such modified form or shall stand annulled as the case may be so, however,
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
19.Power to remove difficulties  -(1) If any difficulty arises in giving effect to
the provisions of this Act, the Government may by order publish in the Official
Gazette and  make provisions not inconsistent with the provisions of the Act as
appear to them to be necessary or expedient for removing the difficulty.
(2) Every order made under this section shall, as soon as may be after it
is made, be laid before the Legislature of the State.
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20. Repeal and Savings -(1) The Andhra Pradesh Commission for Backward
Classes Act, 1993 (Act No.20 of 1993) is hereby repealed.
(2) The provisions of sections 8 and 18 of the Andhra Pradesh General
Clauses Act, 1891 (Act No 1 of 1891) shall apply with regard to the effect of
repeal.

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